Assembly Bill No. 583–Committee on Judiciary

March 15, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Revises provisions related to gaming. (BDR 41-1319)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to gaming; providing that play is void if gaming device malfunctions; revising the public policy of this state concerning gaming to recognize the value of the proper exercise of business judgment by licensees; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 463 of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 1. A person who is playing or operating a gaming device is not

1-4 entitled to receive cash, premiums, merchandise, tokens or anything of

1-5 value if:

1-6 (a) The device or associated equipment used in connection with the

1-7 device malfunctions;

1-8 (b) The record of the malfunction is stored in the computerized

1-9 memory of the device or associated equipment; and

1-10 (c) The device displays an externally visible notice to players that any

1-11 malfunction of the device or its associated equipment voids the play.

1-12 2. The person playing or operating a gaming device when it

1-13 malfunctions is entitled to a refund of the wager made on the voided

1-14 play.

1-15 Sec. 2. NRS 463.0129 is hereby amended to read as follows:

1-16 463.0129 1. The legislature hereby finds, and declares to be the

1-17 public policy of this state, that:

1-18 (a) The gaming industry is vitally important to the economy of the state

1-19 and the general welfare of the inhabitants.

2-1 (b) The continued growth and success of gaming is dependent upon

2-2 public confidence and trust that licensed gaming is conducted honestly and

2-3 competitively, that establishments where gaming is conducted and where

2-4 gambling devices are operated do not unduly impact the quality of life

2-5 enjoyed by residents of the surrounding neighborhoods, that the rights of

2-6 the creditors of licensees are protected , that the value of the proper

2-7 exercise of business judgment by licensees is recognized and that gaming

2-8 is free from criminal and corruptive elements.

2-9 (c) Public confidence and trust can only be maintained by strict

2-10 regulation of all persons, locations, practices, associations and activities

2-11 related to the operation of licensed gaming establishments and the

2-12 manufacture or distribution of gambling devices and equipment.

2-13 (d) All establishments where gaming is conducted and where gambling

2-14 devices are operated, and manufacturers, sellers and distributors of certain

2-15 gambling devices and equipment must therefore be licensed, controlled

2-16 and assisted to protect the public health, safety, morals, good order and

2-17 general welfare of the inhabitants of the state, to foster the stability and

2-18 success of gaming and to preserve the competitive economy and policies of

2-19 free competition of the State of Nevada.

2-20 (e) To ensure that gaming is conducted honestly, competitively and free

2-21 of criminal and corruptive elements, all gaming establishments in this state

2-22 must remain open to the general public and the access of the general public

2-23 to gaming activities must not be restricted in any manner except as

2-24 provided by the legislature.

2-25 2. No applicant for a license or other affirmative commission approval

2-26 has any right to a license or the granting of the approval sought. Any

2-27 license issued or other commission approval granted pursuant to the

2-28 provisions of this chapter or chapter 464 of NRS is a revocable privilege,

2-29 and no holder acquires any vested right therein or thereunder.

2-30 3. This section does not:

2-31 (a) Abrogate or abridge any common law right of a gaming

2-32 establishment to exclude any person from gaming activities or eject any

2-33 person from the premises of the establishment for any reason; or

2-34 (b) Prohibit a licensee from establishing minimum wagers for any

2-35 gambling game or slot machine.

2-36 Sec. 3. This act becomes effective upon passage and approval.

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